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COMMONWEALTH v. CLARKE

No. 98-P-1361.

48 Mass. App. Ct. 482 (2000)

COMMONWEALTH v. ALTON CLARKE.

Court of Appeals of Massachusetts, Suffolk.

January 27, 2000.

Attorney(s) appearing for the Case

James M. McDonough for the defendant.

Jennifer M. Davis, Assistant District Attorney, for the Commonwealth.

Present: PORADA, KAPLAN, & GILLERMAN, JJ.

GILLERMAN, J.

The defendant, Alton Clarke, was charged with three counts of aggravated rape pursuant to G. L. c. 265, § 22(a), one count of assault by means of a dangerous weapon pursuant to G. L. c. 265, § 15B(b), and one count of kidnapping pursuant to G. L. c. 265, § 26. Clarke's first jury trial in January, 1997, resulted in a mistrial. After a second jury trial in August, 1997, Clarke was convicted on two counts of aggravated rape...

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